[Summary of the trial]
The labor contract signed between the employer and the employee is a labor contract with a period of time for the completion of a certain work task, and the labor contract has expired when the project work task has ended. Since the employee is in the medical treatment period at the end of the work assignment, the employer issues a notice of termination of the labor contract to the employee after the expiration of the medical treatment period, which does not violate the law and is not an illegal termination of the labor contract.
【Brief Facts of the Case】
In September 2005, Mr. Yang entered a logistics group in Tianjin, and the two parties established a labor relationship, signed a written labor contract on January 1, 2009, and renewed the written labor contract on January 1, 2010. In July 2017, the contract for the current storage of the lubricant was terminated.
On January 20, 2017, Yang began to take sick leave. On January 30, 2018, a logistics group in Tianjin sent a notice to Yang, stating that the cooperation between a logistics group in Tianjin and Yang's project ended in July 2017, Yang's medical treatment period expired on January 20, 2018, and a logistics group in Tianjin notified Yang that the labor contract between the two parties was terminated on January 20, 2018, and a logistics group in Tianjin agreed to pay Yang economic compensation in accordance with the law. A logistics group in Tianjin has paid Yang's salary of 518.38 yuan in January 2018 (after deducting the social insurance and provident fund personal responsibility of the month). Mr. Yang did not agree with the employer's decision to terminate the labor contract, believing that he was a long-term contract employee and the employer could not terminate his labor contract.
On March 5, 2018, Mr. Yang filed an arbitration application with the Labor and Personnel Dispute Arbitration Commission, claiming that a logistics group company in Tianjin was illegally terminated and demanding the payment of compensation for illegal termination.
【Judgment Result】
Tianjin Hexi District Labor and Personnel Dispute Arbitration Commission rejected the claim for compensation for illegal termination of labor contract;
Tianjin Hexi District People's Court (2018) Jin 0103 Min Chu No. 7805 Civil Judgment rejected the claim for compensation for illegal termination of labor contract;
The Tianjin No. 2 Intermediate People's Court (2018) Jin 02 Min Zhong No. 7209 Civil Judgment upheld the original trial court's determination of rejecting the compensation for illegal termination of the labor contract;
The Tianjin High People's Court (2019) Jin Min Shen No. 79 Civil Ruling rejected the retrial application of the retrial applicant Yang.
【Case Tips】
Reminder: If the employer signs an employment contract with an employee for the completion of a certain work task, it should clarify the criteria for the completion of the specific work task, otherwise there may be disputes over the criteria for whether the employment contract is terminated in the future. In addition, when the employer terminates the labor contract with a period of completion of a certain work task, it shall pay the employee economic compensation according to the number of years of service.
Reminder to the employee: If the labor contract signed with the employer expires or the standard for completing work tasks has been met, but the employee has special circumstances such as medical treatment, the employer should send a Notice of Termination of the Labor Contract to clarify the time point of termination of the labor contract. However, in view of the existence of statutory overdue termination such as the medical treatment period, the employment contract between the parties will be terminated when the statutory circumstances disappear.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.